Wakilii

Asiku v Victoria Equipment Limited (CIVIL SUIT No. 438 OF 1989)

High Court · [1992] UGHCCD 2 · 1992 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside ex-parte judgment
Decision
Application struck out for non-compliance with procedural rules

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court struck out an application to set aside ex-parte judgment on grounds that the notice of motion was materially and incurably defective. The notice failed to comply with Order 48 rule 3 of the Civil Procedure Rules, which requires that the grounds upon which the application is based must be outlined. The six numbered paragraphs in the notice were prayers for orders, not grounds for the application.

Outcome

Application struck out for non-compliance with procedural rules

Facts

The applicant/defendant filed a notice of motion dated 3 June 1991 seeking to set aside an ex-parte judgment entered by the court. The respondent raised a preliminary objection that the notice of motion did not conform with Order 48 rule 3 of the Civil Procedure Rules because it failed to outline the grounds upon which the application was based. The notice contained six numbered paragraphs which the applicant's counsel claimed were grounds, but which appeared on their face to be prayers for relief rather than grounds.

Issues

  1. Whether the notice of motion complied with the requirements of Order 48 rule 3 of the Civil Procedure Rules.

Orders

  • The notice of motion dated 3.6.91 is struck out with costs to the respondent.

Rules and key headnotes

Civil Procedure — Notice of Motion — Requirements under Order 48 rule 3
A notice of motion must comply with Order 48 rule 3 of the Civil Procedure Rules by outlining the grounds upon which it is based. A well-drafted notice of motion consists of two main parts: the first being the order or orders sought, and the second being the grounds why the application is being made, with the main points in each part numbered separately.
Civil Procedure — Notice of Motion — Distinction between Prayers and Grounds
Paragraphs in a notice of motion that are each to be read along with the expression 'This Honourable court will be moved... for an order' are prayers for relief, not grounds of the application. The grounds must be separately stated and identified as such.
Civil Procedure — Defective Notice of Motion — Effect
Where a notice of motion is materially and incurably defective for failure to comply with mandatory procedural requirements, it will be struck out.

Legislation cited (2)

Full judgment

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Asiku v Victoria Equipment Limited (CIVIL SUIT No. 438 OF 1989) [1992] UGHCCD 2 (20 April 1992)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.